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Home My WebLink AboutContract 42303-WO16 Document No. DID-0000607812 ?R '101.1 c c n r n t c Level(3) Scenario: SM521852 Customer Information and Contract Specifications Customer Name: City of Fort Worth CITY SECRETARY Account Number: 2-TYCPKRCONTRACT NO. J Currency: USD Monthly Recurring Charges(MRC): $4,036.20 Non Recurring Charges(NRC): 0 Description ID Existing Circuit ID 26/KEFN/106558/TWCS Service Order Service Address Description Order Term Qty Unit MRC Unit NRC Total MRC Total NRC Type (Months) 801 BOWMAN Renew 36 1 $1,344.00 $0.00 $1,344.00 $0.00 ROBERTS RD,FORT Internet Access-1 Gbps aI WORTH,TX 76179 USA Service Level=24x7x4 Primary DNS(up to 10) Secondary DNS(up to 50) 1 $2,692.20 $0.00 $2.692.20 $0.00 nternet Transport Includes Network Interface Device 1 50.00 50.00 $0.00 5,0.00 Site Readiness Transport=Ethernet 1 Gbps -Standard Delivery-To the MPoE(Customer Provided) ubtotal $4,036.20 $0.00 otals $4,036.20 $0.00 Terms and Conditions Governing This Order 1 This confidential Order may not be disclosed to third parties and is non-binding until accepted by Level 3 as set forth in section 4. 2. Pricing is valid for 90 calendar days from the date indicated unless otherwise specified herein. Prior to installation Level 3 may notify Customer in writing (including by e-mail) of price increases due to off-net vendors. Customer has 2 business days following such notice to terminate this Order(without liability)otherwise Customer is deemed to accept the increase. Services may be provided by Level 3 or its affiliates. Services to be provided internationally may require a Local Country Agreement. 3. If a generic demarcation point(such as a street address) is provided, the demarcation point for on net services shall be Level 3's Minimum Point of Entry (MPOE)at such location (as determined by Level 3)and off- e damarration-p,Qints shall OFFICIAL RECORD CITY SECRETARY Service Order Confidential Page 1 of 3 FT. WO p 8p TX Document No.DID-0000607812 Level (3)' Scenario: SM521852 be the off-net vendor's MPOE. If this Order identifies aspects of services which are procured by Customer directly from third parties, Level 3 is not liable for such services. 4. Customer places this Order by signing (including electronically or digitally) or otherwise acknowledging (in a manner acceptable to Level 3)this document and returning it to Level 3. The Service identified in this Order shall be governed by and subject to the Master Service Agreement(s) and Service Schedule(s) (if any) between Level 3 and Customer(or its affiliate if expressly provided for under such affiliate Master Service Agreement)applicable to such Service. If Customer has not executed a Master Services Agreement with Level 3 but has executed a services agreement(including but not limited to Standard Terms and Conditions)with an affiliate of Level 3("Affiliate Agreement"), then the terms of the most recent such Affiliate Agreement shall apply to the Service herein (to the extent not inconsistent with this Order)provided that in such cases, the current standard Level 3 Service Schedule applicable to the Services shall apply. In the event that Level 3 and Customer have not executed a Master Service Agreement and/or applicable Service Schedule(s)with respect to such Service and have not executed an Affiliate Agreement, (i)Level 3's standard Master Service Agreement/Service Schedule(s)(as of the date of this Order)shall govern, a copy of which are available upon request and(ii)the Level 3 contracting party shall be the Level 3 entity invoicing such Services. Notwithstanding anything in any Affiliate Agreement to the contrary, Level 3's acceptance of this Order will be evidenced by(and this Order will be binding on both parties upon)the earlier of Level 3's written delivery of a Customer Commit Date("CCD") (i.e. the projected installation date)or Level 3's delivery of the requested Service, and, at the end of the Service Term the Services set forth herein shall renew on a month to month basis, terminable by either party with 30 days'advanced written notice and the rates are subject to change upon 30 days' notice from Level 3. 5. Neither party shall be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Order. Customer's sole remedies for any outages, failures to deliver or defects in Service are contained in the service levels applicable to the affected Service. 6.All transport services ordered from Level 3 will be treated as interstate for regulatory purposes. Customer may certify transport service as being intrastate(for regulatory purposes only) in a format as required by Level 3, but only where the transport services are sold on a stand-alone basis, the end points for the service are located in the same state and neither end point is a Level 3 provided IP port("Intrastate Services"). Where Customer requests that services be designated as Intrastate Services, Customer certifies to Level 3 that not more than 10% of Customer's traffic utilizing the Intrastate Services will be originated or terminated outside of the state in which the Intrastate Services are provided. Such election will apply prospectively only and will apply to all Intrastate Services stated in this Order. 7 Charges for certain Services are subject to(a) a property tax surcharge of 3.75%and (b)a cost recovery fee of 4.25% per month to reimburse Level 3 for various governmental taxes and surcharges. Such charges are subject to change by Level 3 and shall be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional details on taxes and surcharges that are assessed, visit www.level3.com/taxes. 8. Customer will pay Level 3's standard: (i)expedite charges (added to the NRC) if Customer requests a delivery date inside Level 3's standard interval duration (available upon request or at https:HMyLevel3.net)and (ii)ancillary charges for additional activities, features or options as set forth in Level 3's ancillary charge summary, a copy of which is available upon request. If Level 3 cannot complete installation due to Customer delay or inaction, Level 3 may begin charging Customer and Customer shall pay such charges. 9. Equipment provided by Level 3 to be located in the Customer's premises("CPE") is subject to the terms of the Customer Premise Equipment Addendum, a copy of which is available upon request. For colocation, data center and/or hosting services, pre-arranged escorted access may be required at certain locations, and cross connect services are subject to whether facilities are available at the particular location to complete the connection. Additional Order Terms Invoices Service Order Confidential Page 2 of 3 Leve!Document No.DID-0000607812 Scenario: SM521852 Single prices shown above for bundled Services, or for Services provided at multiple locations, will be allocated among the individual services for the purpose of applying Taxes and regulatory fees and also may be divided on the Customer's invoice by location served. Activation Support If requested by Customer, and for an additional charge assistance with activating and/or configuring equipment on Customer's side of the Demarcation Point may be provided ("Activation Support"). Equipment Recovery Upon termination of a Service for any reason, Level 3 or its representative will contact Customer to schedule a mutually acceptable time and date for retrieval of Level 3 Equipment located on Customer's premises. Alternatively, Level 3 may request that Customer package Level 3 Equipment and return it, at Level 3's cost, to a location identified by Level 3. If Customer does not provide Level 3 with access to its premises to allow Level 3 to recover the Level 3 Equipment within thirty (30) days following Level 3's contact, or if Customer does not ship the Level 3 Equipment to Level 3 within the thirty (30)days,then Level 3 may charge Customer and Customer shall pay for the replacement cost of such Equipment. Signature Block Customer: City of Fort Worth Signature: Name: Title: }assistant Citi MMOU Date: l 1 � �- -a,- I 7--- f`) Customer and the individual signing above represent that such individual has the authority to bind Customer to this Agreement. A y F APPROVED AS M FORM un •• A��Y LEGRL1/ 1. r` Y 7.., Mary J. K itk S ' -� PORNOEY 6. A�1- T '� .. FNO M&(; gDU�1ltLD OFFICIAL RECORD Service Order Confidential Page 3 of 3 CITY SECRETARY FT.!FORTH,TX Level 3 Service Order DID-0000607812,Page 4 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. .,✓ It 7 leve Streiffert Assistant Director, IT Solutions Department t L RECORDCRET&RYRTH, TX